Dear All,
I have an employee who has joined us on 9th Feb 2011. She has applied for maternity leave from May 10, 2011.
My query is whether she is eligible for paid maternity leave of 12 weeks?
Maternity act says a person should have worked for minimum 160 days in the preceeding 12 months. But in discussions I am seeing it as 80 days.
Please clarify.
Regards,
Sreejith Nair
From India, Bangalore
1I have an employee who has joined us on 9th Feb 2011. She has applied for maternity leave from May 10, 2011.
My query is whether she is eligible for paid maternity leave of 12 weeks?
Maternity act says a person should have worked for minimum 160 days in the preceeding 12 months. But in discussions I am seeing it as 80 days.
Please clarify.
Regards,
Sreejith Nair
From India, Bangalore
Dear Mr.Sreejith
Will you please let me know the section of the MB Act which says that the woman should have worked for 160 days in the preceding 12 months to claim maternity benefit?
With regards
V.HARIKRISHNAN
From India, Madras
Will you please let me know the section of the MB Act which says that the woman should have worked for 160 days in the preceding 12 months to claim maternity benefit?
With regards
V.HARIKRISHNAN
From India, Madras
Dear Mr. Harikrishnan,
Thanks for the response.
Please find the link
hpblabour.gov.in/pdf/acts_rules/maternity_benefit_act_1961.pdf
where it is mentioned as 160 days in the preceeding 12 months.(Clause 5 Explanation 2).
I have seen other copies of Act in cite HR which says that it is 80 days in preceedig 12 months
Also is it the actual days of work or does it include weekly holidays and other holidays?( We have a 5 day week).
I would look forward for a clairification from your end.
Regards,
Sreejith Nair
From India, Bangalore
Thanks for the response.
Please find the link
hpblabour.gov.in/pdf/acts_rules/maternity_benefit_act_1961.pdf
where it is mentioned as 160 days in the preceeding 12 months.(Clause 5 Explanation 2).
I have seen other copies of Act in cite HR which says that it is 80 days in preceedig 12 months
Also is it the actual days of work or does it include weekly holidays and other holidays?( We have a 5 day week).
I would look forward for a clairification from your end.
Regards,
Sreejith Nair
From India, Bangalore
Dear Sreejith Nair,
If you are referring Himachal Pardesh Labour Department site then under The M B Act, 1961 it is written as under:
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 1*[eighty days] in the twelve months immediately preceding the date of her expected delivery: Thus it is no where written as 160 days. Previously so many years back it was 160 days
[SIZE=1]R.N.KHOLA
[B][COLOR=#3366ff][FONT=Verdana]
From India, Delhi
If you are referring Himachal Pardesh Labour Department site then under The M B Act, 1961 it is written as under:
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 1*[eighty days] in the twelve months immediately preceding the date of her expected delivery: Thus it is no where written as 160 days. Previously so many years back it was 160 days
[SIZE=1]R.N.KHOLA
[B][COLOR=#3366ff][FONT=Verdana]
From India, Delhi
Dear Mr.Sreejith I am not able to access the link. I will reply once I access it. If possible post an extract of the link. With regards
From India, Madras
From India, Madras
Previously it was 160 days but presently it is 80 days. Therefore, if a woman employee has worked at least for 80 days during a period of twelve weeks immediately preceding the expected date of delivery is eligible to get 84 days of maternity leave (with pay)
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Thanks for the replies.
One more clarification; how will we count these 80 days? Is it actual days the person has worked? or can I count the difference of days from joining and date from which the employee goes on leave?
In this specific case the employee joined us on February 9th and is going on Maternity leave from May 10th. We work on a 5 day week, the employee has availed 3 leaves from her joinig.
If we count her employment duration it is coming as 90 days. But if we count the actual days of work it is coming as 61 days.
Regards,
Sreejith Nair
From India, Bangalore
One more clarification; how will we count these 80 days? Is it actual days the person has worked? or can I count the difference of days from joining and date from which the employee goes on leave?
In this specific case the employee joined us on February 9th and is going on Maternity leave from May 10th. We work on a 5 day week, the employee has availed 3 leaves from her joinig.
If we count her employment duration it is coming as 90 days. But if we count the actual days of work it is coming as 61 days.
Regards,
Sreejith Nair
From India, Bangalore
Dear Mr.Sreejith
The explanation to section 5(2) of the MB Act answers your query. Between February 9th and May 10th you have to reckon all the days she worked, all the days she was on leave with wages and all the weekly off. Though you work only for five days in a week, the two day holiday is given by the employer and not availed by her on her own. I trust you have not laid off her during this period.
From India, Madras
The explanation to section 5(2) of the MB Act answers your query. Between February 9th and May 10th you have to reckon all the days she worked, all the days she was on leave with wages and all the weekly off. Though you work only for five days in a week, the two day holiday is given by the employer and not availed by her on her own. I trust you have not laid off her during this period.
From India, Madras
Dear Mr.Sreejith
It will be of interest to all to know that in B.Shah vs.Labour Court and others reported in 1977 (35) FLR page 414 the Honourable Supreme Court of India has held the computation of maternity benefit has to be made for all the days including Sundays and rest days which may be wage less holidays comprised in the actual period of absence of the woman extending upto six weeks preceding and including the day of delivery as also for all the days falling within the six weeks immediately following the day of delivery thereby ensuring that the woman worker gets for the said period not only the amount equalling to 100 percent of the wages which she was previously earning in terms of Sec.3(n) of the Act but also the benefit of the wages for all the Sundays and rest days falling within the aforesaid two periods which would ultimately be conducive to the interest of both the woman worker and her employer.
From India, Madras
It will be of interest to all to know that in B.Shah vs.Labour Court and others reported in 1977 (35) FLR page 414 the Honourable Supreme Court of India has held the computation of maternity benefit has to be made for all the days including Sundays and rest days which may be wage less holidays comprised in the actual period of absence of the woman extending upto six weeks preceding and including the day of delivery as also for all the days falling within the six weeks immediately following the day of delivery thereby ensuring that the woman worker gets for the said period not only the amount equalling to 100 percent of the wages which she was previously earning in terms of Sec.3(n) of the Act but also the benefit of the wages for all the Sundays and rest days falling within the aforesaid two periods which would ultimately be conducive to the interest of both the woman worker and her employer.
From India, Madras
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